Dispute resolution and litigation
Our dispute resolution specialists help with professional negligence claims, property disputes, conflicts with schools, consumer rights and advice for contesting a will.
Personal litigation
With Tees you can be sure that we have seen it all before and you’ll be in very safe hands. We’ll explore all alternative dispute resolution methods and provide you with clear strategic advice. If reasonable attempts to resolve the matter fail, and you choose to pursue it in court, we’ll bring our substantial expertise to bear, taking the stress off you as much as possible.
What is alternative dispute resolution?
It’s any method of sorting a dispute, that doesn’t involve having the case heard in a court. People often worry that they will have to go to court to sort out a dispute and that it will be stressful and expensive. But that’s often not the case – there are other options available and they tend to cost less and be faster.
Alternative dispute resolution approaches include:
- Negotiation directly between the two parties
- Conciliation and mediation - making use of a third person who is neutral and who guides the two parties to an agreement between them
- Expert determination, adjudication, arbitration and ombudsman schemes - where the decision is imposed by a neutral third party.
Our civil litigation solicitors can assist you with any dispute and have specialist expertise in many areas including:
consumer problems – having a consumer disputes lawyer on hand to back you up is a good plan when trying to get redress for faulty products and services such as: building work, and insurance contracts.
contesting a will – there are legal grounds for doing this and we have specialists to guide your through the process with sensitivity and the understanding that it can cause tremendous upset within families.
education law – our dedicated education law solicitors give you advice and back-up to make sure the school or college listens to you about your child’s educational needs, for example, on issues such as: admissions appeals, challenging exclusions, obtaining or challenging provision under an Education Health and Care Plan and many more.
professional negligence - our team of professional negligence solicitors advice on recovering damages for losses you've incurred, from professionals such as: accountants, architects, builders, dentists, financial advisers, surveyors - and solicitors.
residential property disputes – Tees is one of the few firms in the East of England with a specialist property litigation team covering disputes relating to a diverse range of property issues such as: mortgages, neighbour disputes and landlord and tenant disputes.
Dispute resolution specialists
Our experienced litigation solicitors will provide you with clear, jargon-free advice. Our approach is tailored around you - a truly personal service, based around your goals. Our priority is always to secure a favourable outcome, quickly and cost-effectively.
Call our Dispute Resolution & Litigation solicitors on 0800 0131165
For an initial consultation, at no obligation, or fill out our enquiry form and a solicitor will get in touch.
What our clients say
Mr Jon Tidbury, Ramsden Trailer Conversions
Billericay
I'd like to say how helpful Sarah Stanyer was. Sarah gave me a very reassuring phone call and great advice first thing, followed by an excellent email that appears to have made the gentleman in question back down. For the average 'Joe Bloggs' like me with no legal knowledge, it was invaluable.
Mr Nick Loftus
Ipswich
I have instructed Caroline Metcalf twice on what turned out to be very complex and protracted disputes and on both occasions Caroline’s hard work and determination have ensured we’ve reached a very satisfactory resolution. I felt that Caroline was as keen as I was to achieve a favourable outcome for me and was completely committed to ensuring that this happened. She is always incredibly responsive, diligent in all she does and very pleasant to deal with.
V. Smyth
Bishop's Stortford
A huge thank you to Caroline. I know its not a huge amount of money to most people, but to me it was a fortune. I can't sing your praises high enough or thank you enough. I honestly never thought I would ever see any of my money again. When I told my children last night the first thing they said was "what a wonderful solicitor to have." I'm so very grateful and very happy. You are a real lifesaver.
Frequently asked questions
Common reasons to challenge or contest a will include:
- The will isn’t legally correct
- lack of testamentary capacity (of the person who made the will)
- lack of financial provision for dependants
- undue influence
- forgery or fraud.
People who may be able to claim against an estate under the Inheritance Act 1975 include:
- wife, husband or civil partner of the deceased
- former wife, husband or civil partner of the deceased
- unmarried cohabiting partner of the deceased
- biological children or grandchildren of the deceased
- anyone who was financially dependent on the deceased.
How can I make an Inheritance Act 1975 claim?
You might be able to make a claim through the Inheritance Act 1975 if:
- you were left out of the will
- you were included in the will, but it didn’t make sufficient provision for you
- you have not inherited due to intestacy rules.
If you are the spouse or civil partner, you are entitled to such financial provision as is reasonable in all circumstances. For anyone else wanting to bring a claim, it is a case of such reasonable financial provision as is necessary for their maintenance, and within the constraints of what the estate can provide. What constitutes ‘reasonable’ provision is very much dependent on the facts and circumstances in question. It would therefore be sensible to obtain legal advice first if you are thinking of bringing a claim.
A probate caveat is a means to stop a probate application, for example if there is a dispute about the will or the persons applying for probate. In order to enter a caveat, it is necessary to make an application to the Probate Registry.
A Will is intended as the deceased person’s last expression of their wishes in respect of their estate. Usually a Will should remain as it was when the deceased approved and signed it. A Will can only be varied with the agreement of all the beneficiaries of the estate (effected by Deed of Variation).